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All Journal Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Sinomika Journal: Publikasi Ilmiah Bidang Ekonomi dan Akuntansi Journal Evidence Of Law PENA LAW: International Journal of Law LAWPASS International Journal of Educational Qualitative Quantitative Research
Akkapin, Supaphorn
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Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Economic Analysis of the Law on Execution of Fiduciary Guarantees After the Constitutional Court Decision Mulyani, Sri; Irianto, Sigit; Erwin Isharyanto, Johan; Idris, Kholik; Santoso, Budi; Fahrurrozie Hidayat, Arief; Akkapin, Supaphorn
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 5 (2024): December
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Under Article 29(1) of Law No. 42 of 1999 on Fiduciary Guarantees (UUJF), the execution of fiduciary collateral objects may only proceed through an executorial title. Creditors, as holders of fiduciary collateral certificates, possess the right to directly execute the collateral if the debtor defaults, as stipulated in Article 15 paragraphs 2 and 3 of the UUJF. This provision formed the basis for a debtor’s petition to the Constitutional Court, resulting in Decision No. 18/PUU-XVII/2019, which favored the debtor by mandating that creditors must execute collateral through the court rather than directly. Subsequently, creditors appealed, leading to Decision No. 2/PUU-XIX/2021, which allowed execution through the District Court as an alternative. This research explores the economic analysis of these legal changes, addressing two primary questions: (1) How does economic analysis of law apply to the execution of fiduciary collateral post-Constitutional Court rulings? (2) Can fiduciary collateral execution be effectively carried out under the Constitutional Court’s decisions? Utilizing Richard A. Posner’s economic analysis of law framework, this empirical normative study employs qualitative methods to assess statutory and case law. The findings indicate that Decision No. 2/PUU-XIX/2021 aligns more closely with economic efficiency compared to Decision No. 18/PUU-XVII/2019. However, the inconsistency between these rulings increases costs and legal uncertainty, adversely affecting the broader economy by complicating credit facilities for businesses.
Legal Consequences of Transferring the Name of Land Certificate on Unpaid Sales Anas, Irfan; Cahya Kumala, Yudha; Akkapin, Supaphorn
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 6 (2025): February
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i6.57

Abstract

This research examines the legal consequences of the transfer of the name of the land certificate in an unpaid sale and purchase transaction. The purpose of this study is to analyze how the process of transferring land rights can occur even though payment has not been fully implemented, as well as to identify the legal implications arising from incomplete payment in land sale and purchase transactions. Through a normative legal analysis approach, this study concludes that the transfer of land rights that have not been paid in full can lead to legal uncertainty, both in relation to the validity of the transaction and the potential for future property rights disputes. Therefore, stricter regulations and better supervision of land transactions that have not met the full payment requirements are needed. This research is expected to contribute to the development of agrarian law and become the basis for more effective policy recommendations in order to provide legal certainty in the transfer of land rights.
LEGAL CERTAINTY OF ELECTRONIC LAND CERTIFICATES IN LAND REGISTRATION IN INDONESIA Lestari Sutrisno, Windi; Nur Widyanti, Amelia; Akkapin, Supaphorn
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 4 No. 2 (2025)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v4i2.2592

Abstract

This research aims to analyze the legal certainty of electronic land certificates in land registration in Indonesia, with a normative approach through literature studies that analyze various related laws and regulations. Electronic land certificates are expected to provide convenience and transparency in the land registration process. However, the implementation of this system faces challenges, especially related to the validity of electronic documents, the misuse of multiple certificates, and the role of notaries in the installation of mortgage rights. This study found that despite efforts to strengthen legal certainty through regulations related to electronic land registration, implementation and law enforcement issues still need to be improved. Therefore, it is necessary to strengthen regulations, increase public understanding, and stricter supervision of the implementation of electronic land registration in Indonesia.
Digital Simulations in Science Learning: A Student Perspective on Interactive, Engagement, Conceptual Understanding, and Learning Satisfaction Wahidin, Wahidin; Gutierrez, Grace; Osman, Kamisah; Akkapin, Supaphorn; Tan, Michael Lip Thye
International Journal of Educational Qualitative Quantitative Research Vol. 4 No. 1 (2025)
Publisher : Qualitative and Quantitative Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58418/ijeqqr.v4i1.138

Abstract

Digital-based learning media offers a solution to overcome the limitations of laboratory practice and creates opportunities for more interactive, visual, and contextual learning experiences. Digital simulations in science education represent an innovative form of learning media in the era of technological transformation. However, students’ perceptions as users of learning media are closely linked to key indicators used to evaluate its effectiveness. This study aims to analyze students' perceptions of using digital simulation media in relation to learning interactivity, engagement, conceptual understanding, and satisfaction within the context of science education. A quantitative approach was employed using a survey method. Data were collected through online questionnaires from 400 high school and university students in Indonesia, Malaysia, Thailand, Singapore, and the United States of America. The data were then analyzed using Structural Equation Modeling (SEM) with the assistance of AMOS software. The results indicated that all proposed hypotheses were statistically supported. Students’ perceptions of digital simulations had a significant positive effect on perceived learning interactivity (H1), learning engagement (H2), conceptual understanding (H3), and learning satisfaction (H4). Positive student perceptions of digital learning media were strongly associated with improvements in the quality of learning interactivity, conceptual understanding, and overall satisfaction. This study makes an important empirical contribution to the development of digital learning media based on student perceptions and provides a foundation for selecting digital-based learning tools that are more responsive, engaging, and effective in the future.
Traditional Decriminalization in a Digital World: Reconstructing Criminal Policy towards Bitcoin-Based Money Laundering in the Era of Decentralized Finance Fadilah, Fadilah; Susanto, Deny; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1523

Abstract

The emergence of Bitcoin and blockchain technology as a decentralized financial infrastructure has shaken the foundations of the conventional criminal justice system, particularly in addressing money laundering offenses. This study aims to evaluate the effectiveness of existing criminal policies and reformulate the criminal law approach toward anonymous and cross-jurisdictional digital assets. Using a legal-normative method and comparative analysis of international policies, it was found that policies overly reliant on formal financial institutions become irrelevant in detecting peer-to-peer blockchain transactions. This study proposes a model for reconstructing criminal policy based on the principles of responsive law, adaptive digital surveillance (RegTech and SupTech), and transnational jurisdictional cooperation. The findings of this study are expected to provide conceptual and practical contributions to the design of a relevant, progressive, and digitally grounded criminal justice system.
Maritime Criminal Justice Transformation: A Responsive and Restorative Approach to Law Enforcement in Indonesian Waters Napitupulu, Amin Pardomuan; Yusuf Hasibuan, Fauzie; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1524

Abstract

As the world's largest archipelagic country, Indonesia faces serious challenges in enforcing criminal laws in its vast maritime territory. The current legal framework is still dominated by a fragmented, sectoral, and repressive approach that fails to address the structural and contextual nature of maritime crimes such as illegal fishing, smuggling, and marine environmental degradation. This article offers a transformative approach to Indonesia’s maritime criminal justice system by integrating responsive law theory and transformative justice into a contextual and participatory model. Through a combined normative and empirical approach, including regulatory analysis and field studies in strategic maritime areas, this study finds that the retributive criminal justice system is ineffective and lacks legitimacy, especially in cases involving marginalized coastal communities. As an alternative, this article proposes a tripartite model based on community penal mediation, digital-based inter-institutional coordination, and the harmonization of substantive legal norms within the framework of the national Criminal Code. This model aims to build a criminal justice system that is more just, participatory, and sensitive to ecological considerations.
THE URGENCY OF FORMING A SPECIAL LAW FOR TAX CONSULTANTS AS A SUPPORTING PROFESSION FOR THE INDONESIAN FINANCIAL SECTOR: THE URGENCY OF FORMING A SPECIAL LAW FOR TAX CONSULTANTS AS A SUPPORTING PROFESSION FOR THE INDONESIAN FINANCIAL SECTOR Deswanta, Andi; Hamid, Adnan; Akkapin, Supaphorn
PENA LAW: International Journal of Law Vol. 3 No. 2 (2025): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v3i2.235

Abstract

Tax consultants as supporting professionals in the financial sector play a strategic role in Indonesia’s taxation system, yet face fundamental legal uncertainty. This research analyzes the legal status of tax consultants in Indonesia’s taxation system and formulates a comprehensive legal protection concept for the profession. The research method employs a normative juridical approach with regulatory analysis and literature study. The findings reveal that the legal status of tax consultants experiences a paradox where the profession obtains formal recognition through the General Tax Law and Ministerial Regulations but faces serious legal vulnerabilities in practice. Tax consultants are trapped in a dual status as independent professionals and taxpayer representatives without adequate legal protection, unlike advocates and public accountants who already have legislative umbrella laws. Dependence on ministerial-level regulations creates legal uncertainty exacerbated by professional organization fragmentation and criminalization threats. The comprehensive legal protection concept requires systemic transformation through establishing specific legislation that integrates preventive and repressive dimensions. Concrete mechanisms include legal immunity based on good faith, consolidation of unified professional organizations, and establishment of independent ethics councils. Harmonization with international practices will enhance professional credibility and support tax revenue optimization through a professional taxation ecosystem.
Climate Change Impact Assessment Model on Corporate Financial Performance: A Data-Based and Analytical Approach Akkapin, Supaphorn; Achmad Doradjat, Tubagus
SINOMIKA Journal: Publikasi Ilmiah Bidang Ekonomi dan Akuntansi Vol. 4 No. 1 (2025)
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sinomika.v4i1.3473

Abstract

Climate change has a significant impact on corporate financial performance worldwide. This study develops a model for assessing the financial impacts of climate change on corporate performance using a data-driven and analytical approach. The model integrates both physical and transitional risks caused by climate change and analyzes their effects on corporate financial metrics, such as profitability, operational costs, and market value. Through regression analysis, climate change scenarios, and Monte Carlo simulations, this research demonstrates that companies failing to anticipate climate change face substantial financial risks, while companies that adapt, such as those investing in low-carbon technologies, can reap long-term benefits. This study provides valuable insights for companies to manage climate risks and capitalize on opportunities arising from the transition to a low-carbon economy. Thus, it offers an approach that can help businesses plan and take strategic actions to mitigate the financial impacts of climate change.
Corporations as Corruption Offenders: Challenges and Solutions for Restorative Justice-Based Punishment Kilikily, Nikolas Johan; Kristiawanto, Kristiawanto; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1447

Abstract

The criminal prosecution of corporations involved in corruption in Indonesia has yet to demonstrate substantial effectiveness, both in terms of substantive justice and the enforcement of anti-corruption laws. Although corporations are legally recognized as subjects of criminal liability, enforcement practices remain limited, and sanctions imposed tend to be formalistic without triggering structural reforms within the company. This study employs a normative legal and comparative law approach to evaluate the effectiveness of existing regulations and to propose a more progressive model of corporate criminal liability. The findings indicate that corporate punishment should include preventive, restorative, and internal restructuring measures, rather than mere financial penalties. Therefore, regulatory reform and the application of multi-level sanctions are essential to establish deterrence and ensure sustainable justice in combating corporate corruption.
Revisiting the Principles of International Contracts in the Digital Trade Era: Towards a Global Legal Framework Hidayati, Sri; Susilowati, Etty; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1593

Abstract

Digital commerce has fundamentally transformed the legal foundations of classical international contracts in several ways. Principles such as consensualism, freedom of contract, and good faith face serious challenges due to the emergence of algorithmic contracts, power asymmetries on digital platforms, and the complexity of cross-border jurisdictions. This study critically examines the normative limitations of existing legal frameworks, including the CISG, UNIDROIT Principles, and UNCITRAL Model Laws, when confronted with a digitalized contractual environment. Using a normative-comparative approach, this study redefines contractual principles by incorporating concepts such as algorithmic fairness, digital accountability, and trust-by-design. This study emphasizes that the global legal order for digital contracts must transcend the nation-state paradigm and shift toward a pluralistic, principle-based framework through transnational legal processes. This study contributes to the development of legal theory and regulatory design by proposing a roadmap for an inclusive and adaptive global normative architecture.
Co-Authors Achmad Doradjat, Tubagus Adnan Hamid Agus Surono Al, Bintang Ali Imron Anas, Irfan Cahya Kumala, Yudha Cindya, Cindya Darodjat, Tubagus Achmad Dedy Ardian Prasetyo Deltanto Sarwi Diatmiko, Raden Deswanta, Andi Djunaedi, O. Dwi Budi Santoso Erwin Isharyanto, Johan Etty Susilowati Fadilah Fadilah, Fadilah Fahrurrozie Hidayat, Arief Gutierrez, Grace Hamler, Hamler Idris, Kholik Ismed, Mohamad Kilikily, Nikolas Johan Kirana, Claradyta Kristiawanto, Kristiawanto Lawe, Dedi Marsudi Lestari Sutrisno, Windi Maryano, Maryano Masrukhi Masrukhi Muzakki, Fauzan Napitupulu, Amin Pardomuan Nizam, Ary Nur Widyanti, Amelia Nursamsiah, Ely Osman, Kamisah Pasaribu, Yusuf Hanafi Pranowo, Yusuf Ria Latifa, Dwi Rizqi Alfarizi Ramadhan, Muhammad RR Utji Sri Wulan Wuryandari Setyawan, Dony Shodiq, Md. Sigit Irianto Sonyendah Retnaningsih, Sonyendah Sri Hidayati Sri Mulyani Subri, Anderson Suganda, Atma Susanto, Deny Tan, Michael Lip Thye Wahidin Wahidin Yuhelson Yuhelson Yusuf Hasibuan, Fauzie